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1. A; Board of Arbitrators. shallbe created composed of .one <br />person named by Company, one by City, and a third to be <br />named by 'those two. In .ease of no agreement on this <br />arbitrator in 1.6 days, the parties will join in, a. <br />written request that the Chief Fudge of '.the U.S <br />District .Court for the southern District of Texas, <br />appoint the, third arbitrator who, (as the "Tvpartial <br />Arbitratorw) shall preside over the arbitration <br />proceeding.. The sole issue to be determined in: the, <br />arbitration shall be resolution, of the difference <br />between the parties as to the fair market value. of. <br />Company's property for calculation of the "in lieu <br />payment and total payment hereunder: for the year in <br />question. The Board shall hear and consider all <br />relevant and material evidence on that issue including <br />expert opinion-, and shall render its written decision <br />as promptly as:..practicable. That decision shall then <br />be final' and binding upon the parties,, subject only to <br />judicial review as: may be available under the Texas <br />General Arbitration Act (Chapter 171 "General <br />ArbitrationP Texas C vil Practice and Remedies Code) <br />Costs of the 'arbitration shall be shared equally by the <br />Company ;and the :city, 'provided that each party shall <br />bear its own attorneys fees. <br />W.I . <br />City shall be entitled to a tax lien on Company's above described <br />property, all improvements thereon,: and all tangible personal <br />property thereon, in the event of default in payment of "in lieu <br />of taxes" payments hereunder, which shall accrue penalty and. <br />interest in like manner as delinquent, taxes, and which shall be: <br />collectible by City in :the same manner as provided by lair for <br />delinquent taxes. <br />V11I ,. <br />This Agreement shall inure to :the benefit of anal be binding upon <br />city and Company, and upon Company'a successors and -assigns, <br />affiliates and subsidiari s, and shall remain in. force whether <br />Company sells,, assigns, or is 'any other manner disposes of, either <br />voluntarily or by operation of law,: all or any part of the <br />property belonging to it within the territory' herenabove <br />described, anal the agreements hares contained shall. be held to be <br />covenants running with the land owned by Company situated within <br />said tsrr toryr: for so long as this Agreement or aiy, extension <br />thereof remains: in force. Company shall give City written notice <br />within ninety (90) days, with full particulars as to property <br />assigned and identity of assignee, of any disposition of the Land, <br />and assignment of this Agreement. <br />IX. <br />if City enters into an: Agreement with any other_ landowner with <br />respect to an .industrial district or enters into a renewal of any <br />8 <br />